Legal Opinion

Cox v. New York Central

New York Court of Appeals

Decided December 14, 1875PublishedCited by 11 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered on a verdict, and adjudging the action abated.

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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered on a verdict, and adjudging the action abated. (Reported below, 4 Hun, 176 ; 6 T. & 0., 405.) This action was brought originally in the name of Henry Peck, plaintiff’s testator, to recover damages for injuries alleged to have been sustained by said Peck in consequence of being unlawfully ejected by the conductor from one of defendant’s cars, in which he was riding as a passenger. The cause being noticed and on the calendar, a motion was made by…

1Opinion of the Court

' Andrews, J.

We should be sorry to find that there is any rule of law which prevents our giving effect to the stipulation made by the counsel for the defendant on his application to postpone the trial at the Circuit held in February, 1872. The cause was then at issue, and was ready for trial on the part of the plaintiff’s testator,' who was then living, but was in *418feeble health; and the stipulation was tendered by the defendant’s counsel, at the suggestion of the counsel for the plaintiff, and was given, as the case admits, as a condition for putting the cause over the Circuit, and was…

2Cases cited3 opinions

  1. Kneettle v. . NewcombNew York Court of Appeals · 1860
  2. Gaillard v. SmartNew York Supreme Court · 1826
  3. Lyon v. HoffmanNew York Supreme Court · 1833

3Cited by11 opinions

  1. Halliday v. StuartSupreme Court of the United States · 1894
  2. Leslie v. VrankenAppellate Division of the Supreme Court of the State of New York · 1965
  3. Clinton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
  4. Morris v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Lowman v. Elmira, C. & N. RailroadNew York Supreme Court · 1895

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